What is typically necessary for an express contract?

An express contract is characterized by the explicit terms and conditions agreed upon by the parties involved. In such contracts, the parties clearly articulate their intentions, including essential elements like the subject matter, price, and obligations of each party.

Clear statements of agreement terms are crucial because they minimize ambiguity, ensuring all parties have a mutual understanding and agree to the same terms. This clarity is vital for enforcing the contract and can be critical in legal disputes. If the terms are not clearly defined, the contract may become difficult to interpret and enforce, potentially leading to misunderstandings and conflicts.

While verbal agreements or written consent can be part of an express contract, they do not guarantee clarity or mutual understanding without explicitly stated terms. Additionally, requiring a notary is not a standard necessity for most express contracts, as notarization is primarily related to witnessing signatures for certain legal documents rather than defining the express nature of a contract. Thus, the emphasis on clear statements of agreement terms is the defining feature of an express contract.